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Ruven Fleming

Chapter 1 introduces the two concepts of environmental protection and energy security. It assesses the main potential environmental issues as well as the major possible energy security benefits that are associated with shale gas extraction. The chapter starts by explaining what shale gas is, how it can be extracted and which terminology the industry uses. The chapter (and, indeed, the book) focuses on shale gas extraction because shale gas has the biggest potential of all `unconventionals´ to become commercially viable in the middle to long-term in Europe.

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Janet E. Milne

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Preface

International Economic Law Perspectives

Edited by Celine Tan and Julio Faundez

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Preface

Carbon Taxes, Energy Subsidies and Smart Instrument Mixes

Edited by Stefan E. Weishaar, Larry Kreiser, Janet E. Milne, Hope Ashiabor and Michael Mehling

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Introduction

International Economic Law Perspectives

Celine Tan and Julio Faundez

The current economic and ecological climate calls for a reappraisal of the international legal and political framework governing natural resources, defined broadly to include materials and organisms naturally occurring in the environment, such as water, mineral and fossil fuels, and cultivated resources, such as food crops, both renewable and exhaustible. This reappraisal is urgent because the governance and management of natural resources have formed a pivotal backdrop to the evolution of international economic law in the post-war period and have been critical components of the process of economic globalization. Contributors to this collection explore the different dimensions of natural resource governance in the contemporary economic, political and legal landscape. They reflect upon and address the different aspects of the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, notably human rights law and environmental law.

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Editorial review board

Carbon Taxes, Energy Subsidies and Smart Instrument Mixes

Edited by Stefan E. Weishaar, Larry Kreiser, Janet E. Milne, Hope Ashiabor and Michael Mehling

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Clement A. Tisdell

Outlines the objectives of this book and the reasons for pursuing these. In doing so, it specifies the aim of each chapter and provides a brief account of its contents. It is argued that in order to better assess the nature of our current environmental challenges: we need to consider their basic historical origins; we should take account of the limitations of available economic measures and methods for valuing environmental change; we ought to be aware of the imperfections of scientific predictions about the nature, course and consequences of biophysical attributes altered by environmental change (such as increasing levels of atmospheric CO2); and we should recognize that social embedding (of different types) is a serious impediment to humankind responding effectively to actual or predicted environmental change, especially human-induced environmental change, including human-generated climate change. The importance of each of these assertions is demonstrated and illustrated.

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Carbon tax choices: the tale of four states

Carbon Taxes, Energy Subsidies and Smart Instrument Mixes

Janet E. Milne

While carbon tax measures have not yet met with success at the federal level in the United States, proposals for carbon taxes emerged in a handful of states in 2015 and 2016. The proposals address the shared challenge of climate change, but each has its own unique features and setting. Drawing on proposals in Oregon, Massachusetts, Vermont and Washington as case studies, this chapter explores how state constitutions can affect the design of state-level carbon taxes and their legislative route toward enactment. For example, the Oregon constitution imposes limits on tax rates and use of the revenue when taxing certain fossil fuels. The constitutions in three of the four states require that some types of revenue measures must originate in the legislative House of Representatives, not the Senate, raising the question whether carbon taxes can be designed in a manner that will avoid this procedural constraint. In Washington, the carbon tax proposal came forward as a ballot initiative that went to voters in the general election, following a procedure permitted under the state constitution. These case studies serve as an important reminder of how constitutional provisions that were not created with climate change in mind can influence the design features of subnational carbon taxes and political strategies.

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Peter H Sand

This article begins with an assessment of an elderly wildlife-related treaty, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 (CITES), and explains both how the convention was originally designed and how its Parties managed to develop it in innovative ways not envisaged by the original drafters. The article then turns to an assessment of the effectiveness of the convention in the modern world, and how an enforcement regime based on trade embargoes has been developed. This success, at least measured by indicators such as length of time it takes for states subject to sanctions to fall back into compliance, aside, the article then proceeds to question effectiveness as measured by indicators with less ‘high face validity’. Through close analysis of the history of trade embargoes, it is demonstrated that by and large it is developing countries that have been the subjects of sanctions under CITES. In view of recent enforcement issues (illustrated by current whaling in the North Pacific), the article concludes by highlighting the quality of trust which, it is argued, is a critical requirement that must underpin the international regime if there is to be true legitimacy and, ultimately, credibility.

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Edited by Ed Couzens and Tim Stephens